Girija Nand Prasad @ Girija Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15350 of 2017 Arising Out of PS.Case No. -205 Year- 2011 Thana -MINAPUR District- MUZAFFARPUR ====================================================== Girija Nand Prasad @ Girija Prasad Son of Late Ram Lakhan Prasad, Resident of Village- Purania, P.S.- Minapur, District- Muzaffarpur. .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Arbind Kumar Singh For the Opposite Party/s : Mr. Md. Arif ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 07-04-2017 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner is apprehending his arrest in connection with Minapur P.S. Case No. 205 of 2011 for the offences instituted under Sections 147, 148, 149, 323, 337, 152, 353, 307 and 504 of the Indian Penal Code.

The allegation against the petitioner is that he along with other co-accused after blocking the road, create inhibition in the work of government machinery and also attacked upon the police party in retaliation of the death of minor children, who were crushed in road accident.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation

Patna High Court Cr.Misc. No.15350 of 2017 (2) dt.07-04-2017 2/2 of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. No specific overt act has been alleged against the petitioner. On behalf of the State, it has been submitted that the case relates to the year 2011 and the petitioner after such a long period has preferred the present application. Considering the aforesaid facts and circumstances, I am not inclined to extend the privilege of anticipatory bail to the petitioner. Prayer for anticipatory bail of petitioner is rejected in connection with Minapur P.S. Case No. 205 of 2011, pending in the court of learned C.J.M., Muzaffarpur.

Anyhow if the petitioner surrenders in the court below within a period of six weeks from today, the same shall be considered on its own merit without being prejudiced by this order, taking into consideration the submissions made on behalf of the petitioner.

(Sudhir Singh, J) Amit/- U T